What is a fair procedure for dismissal?

The employee must be notified of allegations in writing, given reasonable time to prepare, the right to representation, a hearing before an impartial chairperson, the right to state their case, and the right to appeal. Skipping any step risks procedural unfairness.

Can I refer a dispute after the 30 days?

Yes, but you must apply for condonation explaining the delay. Condonation is discretionary and often refused where the delay is significant or unexplained. Act within 30 days wherever possible.

What if I was dismissed for misconduct I didn't commit?

The employer bears the onus to prove the misconduct on a balance of probabilities. If they can't, the dismissal is substantively unfair. You have full remedies - reinstatement, compensation, or both.

What is constructive dismissal?

When an employer makes working conditions so intolerable that resignation is the only reasonable option - harassment, unilateral pay cuts, demotion without cause. You treat the resignation as a dismissal and refer to the CCMA. Burden is on you to prove intolerability.

Unfair Dismissal Attorneys

CCMA referrals and Labour Court claims for procedurally and substantively unfair dismissals. Browse 391 LPC-registered attorneys across South Africa.

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Reviewed by the Justibly editorial team·Updated April 2026

A dismissal is unfair under the LRA if there is no fair reason (misconduct, incapacity, or operational requirements) OR if the employer failed to follow a fair procedure. Both dimensions must be fair. Unfair dismissal attorneys refer matters to the CCMA within 30 days, prepare the arbitration, and pursue compensation or reinstatement.

When to hire a unfair dismissal attorney

You have been dismissed and believe the reason was unfair or the procedure was flawed.
You were dismissed without a disciplinary hearing.
You suspect the real reason was discrimination, whistleblowing, or union activity.
You were constructively dismissed (forced to resign due to intolerable conditions).
You are within 30 days of dismissal and need urgent CCMA referral.

What to expect

Your attorney files Form 7.11 with the CCMA or the relevant bargaining council within 30 days. The CCMA schedules conciliation (30-day window). If unresolved, the matter proceeds to arbitration where witnesses give evidence under oath. The commissioner issues a binding award. For automatically unfair dismissals (discrimination, pregnancy, union activity), the matter goes to the Labour Court with potential compensation of up to 24 months.

Typical fees

CCMA conciliation + arbitration: R10,000-R35,000. Automatically unfair dismissal in the Labour Court: R60,000-R250,000+. Some attorneys take strong matters on contingency (no win, no fee) - typically 20-30%.

Legal information, not legal advice. This page provides general information about unfair dismissal in South Africa. It is not a substitute for advice from a qualified attorney. Laws and procedures change - consult a verified attorney for your specific matter.

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Unfair Dismissal Attorneys

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